Practice Areas

Wrongful Death

Principal attorney Jeff McCarthy has first-hand knowledge of insurance companies’ effective strategies to minimize their financial liability. At McCarthy and Associates in Houston, Texas, we harness this experience to get maximum compensation for our clients.

If a family member has died or been killed due to someone else’s negligence, you may be entitled to financial compensation. No amount of money will make up for your loss, but it may help ease the financial burden of living life without your loved one.

Contact us to schedule a free consultation with a knowledgeable wrongful death attorney. During your consultation, we will discuss the circumstances of your loss and the steps for moving forward with a wrongful death claim. 

Call us today at (781) 300-8304

More Information:

• What Is A Wrongful Death Action Under Texas Law?

Wrongful Death Claims in Texas

Although specific laws differ by state, generally, wrongful death is defined as a life lost due to a serious injury caused by negligence, misconduct, or malintent. More specifically, Texas law cites wrongful death as occurring to a person or unborn child as a result of a preventable injury caused by another’s “wrongful act, neglect, carelessness, unskillfulness, or default.”

In Texas, you may file a wrongful death claim if you are the surviving spouse, adult child(ren), or parent(s) of the deceased. The statute of limitations gives you up to two years from the date of death to file a claim. Should you not file a claim within three months, an executor—a representative of the deceased’s estate—may file a claim on your behalf.

A skilled wrongful death claim attorney can advise you on the types of damages your case may warrant during a consultation. If you move forward with a wrongful death suit, they will compile documentation to support a claim for both economic and non-economic damages. This evidence will be delivered to the liable person’s or entity’s insurance company.

Economic damages. The law allows you to seek compensation for medical bills, funeral costs, loss of earnings, or inheritance.

Non-Economic damages. You may also pursue additional damages for loss of love or companionship, as well as mental pain and anguish.

Texas law states exemplary damages, also referred to as punitive damages, may be awarded in wrongful death cases when death occurs due to a willful act, omission, or gross negligence. Exemplary damages are awarded as penalties to be paid above and beyond actual damages.

The wrongful injury lawyer acts as your representative in settlement negotiations until a fair offer is accepted. If a fair settlement cannot be reached, you may decide to go to trial. Damages are paid out in one lump sum or through structured payments—determined as part of the negotiations or trial outcome.

Wrongful Death Settlement Attorney

Let our legal team at McCarthy and Associates advocate on your behalf during this difficult time. We serve as the serious injury attorney in wrongful death cases for families in Texas.

Contact us if you’ve lost a loved one due to someone else’s actions. We handle all types of wrongful death suits.

• Auto Accident

• Asbestos

• Defective Products

• Distracted Driving

• Driving Under the Influence

• Medical Malpractice

• Tractor-Trailor Accident

• Other Preventable Injuries